§ 12-378. Offense.

(a)

Any person who keeps for sale, offers for sale, sells or delivers for any commercial consideration any item which that person knows, or under all of the circumstances reasonably should have known, to be drug paraphernalia, commits a violation of this Code for which a fine of not less than $250.00 and not more than $1,000.00 shall be imposed for each such item.

(b)

Any person who possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis, a controlled substance, or methamphetamine into the human body, or under all of the circumstances reasonably should have known, to be drug paraphernalia, commits a violation of this Code for which a fine of not less than $50.00 and not more than $750.00 shall be imposed for each such item.

(1)

This section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.

(c)

This section shall not apply when the, possession, sale, delivery or distribution of paraphernalia is done so in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.

(Code 1993, § 10-2.1)